Hestonville, Mantua & Fairmount Passenger Railroad v. City of Philadelphia
Supreme Court of Pennsylvania
Appeal from the Court of Common Pleas, No. 1, of Philadelphia county: Of January Term 1876, No. 306. In Equity. Bill in equity, filed by the City of Philadelphia against the Hestonville, Mantua and Fairmount Passenger Railroad Company, to prevent the defendant from laying a second railroad track on Callowhill street, in the City of Philadelphia.
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Appeal from the Court of Common Pleas, No. 1, of Philadelphia county: Of January Term 1876, No. 306. In Equity. Bill in equity, filed by the City of Philadelphia against the Hestonville, Mantua and Fairmount Passenger Railroad Company, to prevent the defendant from laying a second railroad track on Callowhill street, in the City of Philadelphia. The bill set forth, I. That defendant was incorporated under an act, approved the 6th of April 1859, entitled, “ An Act to incorporate the Heston-ville, Mantua and Fairmount Passenger Railroad Company,” and thereby obtained the right to lay passenger…
1Opinion of the CourtJustice Trunkey
The Act of April 6th 1859, and its supplement of March 8th 1860, incorporating the Hestonville, Mantua and Fairmount Passenger Railroad Company, gave it no power to construct a double track on Callowhill street. By the original act the company was authorized to lay a double track on designated streets, and a single track on others; and the latter authorized construction of their 'tracks across- the Schuylkill and along Callowhill. According to familiar rules, the right granted by the supplement was to lay a single track.
Section 3 of the Act of 24th March 1859, permitted the Fair-mount ánd…
2Cited by14 opinions
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- Valley Railways v. HarrisburgSupreme Court of Pennsylvania · 1924
- Gyger v. Phila. etc. Ry. Co., Pennsylvania Court of Common Pleas, Philadelphia County1890
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